4 Ways a Landlord May Breach a Commercial Property Lease
A commercial property lease can be a long-term commitment. It’s important to understand your rights and responsibilities under the terms of the contract. If you want to hire a professional team of commercial property lease solicitors in Manchester, visit United Solicitors.
Breaking a lease can be a costly mistake. It can lead to a civil lawsuit or even a derogatory mark on your credit report.
Increasing Rent Without Proper Notice
If you’re a tenant, you’re probably familiar with the annoyance of receiving a rent increase notice from your landlord. While it’s not uncommon for rent increases to happen, it is important to remember that your landlord has a legal obligation to give you proper notice before raising the amount of your monthly rental fee.
Depending on the city and state you live in, your landlord may be legally required to provide you with at least 30 days’ notice before raising your rent. You can find this information by doing a Google search for “[Your State] rent increase notice.”
In most states, it is also important to note that your landlord must provide you with written proof of the rent increase before they increase your monthly rate. This should be in the form of a letter or email.
If your landlord did not follow these rules, you may be able to take legal action against them. In this case, you may be able to prove that the landlord raised your rent in violation of local law.
You can do this by pointing out that the amount of the rent increase is unfair and excessive. For example, the increased amount may be significantly higher than what other similar properties in your area are charging.
Another way that a landlord can violate your lease is by failing to make timely or necessary repairs. For example, if the landlord doesn’t repair or replace any broken appliances, fixtures, and other equipment within a reasonable time frame, they can be held responsible for your damage.
Finally, your landlord may try to raise the rent in a retaliatory manner. For example, if you complain about building code violations or other issues in the property, your landlord might decide to raise the rent as a way of retaliating.
If you suspect that your landlord is attempting to breach your lease, contact an experienced landlord-tenant solicitor as soon as possible. A good solicitor will be able to help you prove your case and get you the justice you deserve. They will also be able to tell you what your options are, commercial property lease solicitors by United Solicitors are the best and most affordable option for you.
Not Making Timely / Necessary Repairs
The lease agreement typically requires the landlord to keep a commercial property in good repair. This includes repairing appliances, making sure the heating and plumbing work properly, and keeping the unit structurally sound.
In addition to this, tenants have a responsibility to provide reasonable maintenance, including taking care of any damages that occur as a result of their use of the property. Some repairs are normal wear and tear, while others are more serious.
If a tenant notices a problem, they have the right to ask the landlord to make repairs. They need to give the landlord written notice of the problem and ask that it be fixed within a reasonable time. They should also document the problem by taking photos.
Most states allow the tenant to withhold rent until a critical repair is completed. However, this remedy is only available to tenants in certain states and cities, so check your state’s laws for more information.
Additionally, some states and cities allow the tenant to deduct the cost of repairs from the rent, though this is not always possible. It’s best to keep receipts and proof of the repairs you’ve made so you can prove exactly what you paid for.
Another option is to file a rent escrow action. This involves placing your full monthly rent into a court-ordered escrow account and asking the judge to order the landlord to make the necessary repairs.
The escrow process is designed to protect both the landlord and you from being evicted if they fail to comply with the repair request. Once you file the escrow, the judge will hear your case and decide whether your requests were reasonable or warranted.
Depending on the severity of your request, the judge may order the landlord to pay you some or all of the money that was withheld from your rent until they repaired the problem. This procedure usually works well for habitability issues, but you can still have your rent withheld if there are other problems that don’t affect the livability of the property.
If you’re having trouble with your lease, it’s important to speak to a solicitor who can help you understand all of your legal options. You can also get advice from an experienced commercial real estate broker.
Not Complying with Move-Out Terms
One of the more common pitfalls for commercial property tenants is a lease that isn’t up to par. If a landlord isn’t careful, the occupants of a commercial space could be evicted with little to no notice. Fortunately, it is possible to avoid such an outcome by ensuring that your tenants are on the upswing from the start. To do this, you must proactively manage your property, conduct periodic inspections and follow up on complaints promptly and with the utmost care. You’ll also need to know how to woo prospective tenants. The best way to do this is by utilizing a reputable real estate agent with the skillset and experience to match.
Evictions that Don’t Comply with Lease Terms
Unlike residential leases, commercial leases often last longer than a year. This means that a tenant is legally responsible for paying rent and property costs to the landlord over a long period of time.
A commercial property lease may be breached for a number of reasons. These reasons include failing to make timely or necessary repairs, violating move-out terms, and more.
For example, if a landlord fails to perform maintenance that is required by the lease, the tenant can file a claim against the landlord for damages or take the lease agreement to the court. The courts may require the landlord to fix the problem or pay the tenant for the cost of repairing the property.
In addition, if the tenant does not pay rent or violates other lease provisions, the landlord can terminate the tenancy for the cause. This means that the landlord must prove that the tenant has violated the lease.
The landlord can serve a Notice of Termination to the tenant stating the violation and allowing the tenant a certain amount of time to pay the rent or comply with the lease. If the tenant does not pay the rent or cure the violation within that time frame, the landlord can evict the tenant without further notice.
However, before a landlord conducts an eviction, they must send the tenant a notice to cure the violation, which is a legal requirement in most states. This notice allows the tenant 10 days to correct the violation before proceeding with an eviction.
If the tenant fails to respond to the notice, the landlord can evict the commercial property for violation of the lease. The landlord can use one of several different types of notices to evict the tenant.
The tenant should consult with a solicitor who specializes in commercial property lease law before taking any action to evict the landlord for breaching the lease. This will allow the solicitor to determine the best course of action for the situation and to help negotiate a resolution. In many cases, a solicitor will be able to settle the case before filing a lawsuit. United Solicitors offer cheap commercial property lease solicitors in Manchester.
Visit Website: https://www.united-solicitors.co.uk/conveyancing/commercial-lease-solicitors